S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3214
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M. of A. SCHIMMINGER, LUPARDO, CORWIN, GUNTHER -- Multi-
         Sponsored by -- M. of A. GIGLIO, HAWLEY, PALMESANO,  RABBITT  --  read
         once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal  law,  in  relation to licenses to carry,
         possess, repair and dispose of firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
    2  400.00  of  the  penal law, paragraph (f) of subdivision 2 as amended by
    3  chapter 189 of the laws of 2000 and subdivision 4 as amended by  chapter
    4  331 of the laws of 2005, are amended to read as follows:
    5    (f) have and carry concealed, without regard to employment or place of
    6  possession[,  by  any  person  when proper cause exists for the issuance
    7  thereof]; and
    8    4. Investigation. Before a license is issued or renewed,  there  shall
    9  be an investigation of all statements required in the application by the
   10  duly  constituted police authorities of the locality where such applica-
   11  tion is made. For that purpose, the records of the appropriate office of
   12  the department of mental hygiene concerning previous or  present  mental
   13  illness of the applicant shall be available for inspection by the inves-
   14  tigating  officer  of the police authority.  THE POLICE AUTHORITY IN THE
   15  LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT  A  SEARCH  OF  THE
   16  NATIONAL  INSTANT  CRIMINAL  BACKGROUND CHECK SYSTEM (NICS). In order to
   17  ascertain any previous criminal record, the investigating officer  shall
   18  take  the fingerprints and physical descriptive data in quadruplicate of
   19  each individual by whom the application  is  signed  and  verified.  Two
   20  copies of such fingerprints shall be taken on standard fingerprint cards
   21  eight  inches  square,  and one copy may be taken on a card supplied for
   22  that purpose by the federal bureau of investigation; provided,  however,
   23  that in the case of a corporate applicant that has already been issued a
   24  dealer  in firearms license and seeks to operate a firearm dealership at
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02616-02-3
       A. 3214                             2
    1  a second or subsequent location, the original fingerprints on  file  may
    2  be  used  to  ascertain  any criminal record in the second or subsequent
    3  application unless any of the corporate officers have changed since  the
    4  prior  application, in which case the new corporate officer shall comply
    5  with procedures governing an initial application for such license.  When
    6  completed,  one  standard card shall be forwarded to and retained by the
    7  division of criminal justice services in the  executive  department,  at
    8  Albany.  A search of the files of such division and written notification
    9  of the results of the search to the investigating officer shall be  made
   10  without  unnecessary delay.   Thereafter, such division shall notify the
   11  licensing officer  and  the  executive  department,  division  of  state
   12  police,  Albany,  of  any criminal record of the applicant filed therein
   13  subsequent to the search of its files. A second standard  card,  or  the
   14  one supplied by the federal bureau of investigation, as the case may be,
   15  shall  be forwarded to that bureau at Washington with a request that the
   16  files of the bureau be searched and notification of the results  of  the
   17  search  be  made  to  the investigating police authority. The failure or
   18  refusal of the federal bureau of investigation to make  the  fingerprint
   19  check  provided  for in this section shall not constitute the sole basis
   20  for refusal to issue  a  permit  pursuant  to  the  provisions  of  this
   21  section. Of the remaining two fingerprint cards, one shall be filed with
   22  the  executive  department, division of state police, Albany, within ten
   23  days after issuance of the license, and the other remain  on  file  with
   24  the   investigating  police  authority.  No  such  fingerprints  may  be
   25  inspected by any person other than a peace officer, who is acting pursu-
   26  ant to his special duties, or a police officer, except  on  order  of  a
   27  judge or justice of a court of record either upon notice to the licensee
   28  or  without  notice,  as the judge or justice may deem appropriate. Upon
   29  completion of the investigation, the police authority shall  report  the
   30  results to the licensing officer without unnecessary delay.
   31    S  2.  This  act shall take effect on the ninetieth day after it shall
   32  have become a law.